Council Meetings - 18 June 2019

Sorry, everyone, for this being so late. There has been a lot of discussion and exploring going on related to parking, and this kept me from finishing up my previews. Besides the parking items, the department reorganization and new department is a pretty big deal. I also feel that allowing detached accessories is a big change that will have long term impact.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

12:00 PM, Tuesday, June 18, 2019

Work Meetings are designed to be a less formal venue for discussion among Council Members. Generally, no public input is taken during the meeting.

1. Approval of minutes.
   
   

   Budget Committee

2. A discussion regarding changes to the FY 2019-2020 Tentative Budget. (19-004)
   Some changes have been made to the FY 2019-2020 Tentative Budget. In addition to noting these changes for the Council, John Borget will also discuss the changes to the Consolidated Fee Schedule and the new job descriptions updated after the addition of the deputy chief position in the Police Department. So far there have been few adjustments and no requests for changes. I believe this is due to the robust process that we went through before the budget was proposed and because the council and administration communicated and collaborated on the priorities addressed by the budget. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019. We got a rundown on the adjustments that had occurred since the tentative budget was approved and they were all minor.



Business

3. A discussion regarding an appropriation for the Airport operating budget. (19-078)
   The Airport would like to increase their operating budget by $60,000; $30,000 for personnel, and $30,000 for operating costs. The need for the increase in personnel is mostly being driven by overtime expenses. The Airport typically goes through this budget by September. It has been increased in the FY2020 budget as a supplemental request, but needs to be increased in FY2019 to cover what has occurred in the current year. This cost is driven by staff's requirement to have someone at the airport for every commercial flight.
   
   The need for the increase in operating expenses is due to multiple other factors as well. The cost of snow removal at the airport this year was double what it was last year due to the amount of snow. They also had an unexpected one-time expenditure to receive environmental clearances for new hangar pads; the low bid received for our entry landscaping maintenance contract was much higher this year, and they also had some property appraisals done for potential land purchases. The Airport is covering the cost of this appropriation with higher-than-budgeted revenues. As of today, they are already $26,000 above budget. They are confident that with the remaining parking revenue set to come in (estimated at approximately $30,000, received in account 3832-Lease), $20,000 from Allegiant for passenger and landing fees, and $10,000 anticipated in fuel flowage fees, they will have the revenue needed to cover this appropriation. With increased usage come both increased expenses and increased revenues. This appropriation will allow the airport to use the increased revenues to pay for their increased expenses. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019. The city staff at the airport are going to great lengths to keep the airport functioning well despite being understaffed. The growth and reports of great customer service are testaments to their efforts.
4. A discussion on the creation of Community and Neighborhood Services and Development Services. (19-036)
   During the Mayor's State of the Union delivery in January 2019, she announced that the Administration would be restructuring to create two separate departments in order to provide better service delivery to residents in the form of a one stop shop for development. The two departments - Dept. of Community and Neighborhood Services and Dept. of Development Services - would be created by taking the tasks held in Economic Development, Redevelopment Agency, and then divvy up some of the services from Community Development and Public Works to get the employees for these departments. The Administration will address the Title 2 amendments necessary to formally create the Department of Community and Neighborhood Services and the Department of Development Services. This past week I had a frustrated neighbor approach me because a lot subdivision request that affected her future plans was denied. She wanted to know who to talk to overturn this decision. I had to explain that it is not my role to overturn staff decisions, but to set city policies and provide oversight, to establish the framework in which the city provides services. Yes, it's all very bureaucratic, and it takes time and effort to make changes. This effort, years in the making, is an attempt to streamline the development process and to make it easier to navigate and get clear answers for people like my neighbor. It is not a trivial matter to create and reorganize city departments. Presentation only. This item will be scheduled for the Council Meeting on July 9, 2019. The plan hasn't deviated much since we first received the broad outline. Most of the details have now been worked out.
5. A discussion regarding the parking requirements and Transportation Demand Management plans for multi-family developments. (19-074)
   The Housing Executive Committee has met to discuss the idea of amending the parking requirements for multi-family developments. There is currently an exception for non-profit entities with regards to those building multi-family developments. Council has attempted to provide alternatives to developers by approving a Transportation Demand Management program for developers of multi-family developments. This discussion is intended to provide further clarification on this issue. The city has struggled to find the right requirement for parking. Parking is expensive and impacts the cost of housing in the city. Too much parking needlessly raises the cost of housing. Too little impacts both the residents of the housing and the residents near the housing. The TDM program could be a way to allow savings on parking by developers designing and building aspects into their project that reduce the demand for parking. Presentation only. This item will be presented to the Housing Committee for review after a proposal is drafted. The council was supportive of the idea generally and agreed to move it to the next step for consideration.
6. A discussion on a proposed ordinance amendment to Provo City Code Chapter 9.17 (Civil Infractions) parking violations (19-023)
   "The amendments to the Civil Infractions chapter are necessary for two reasons. First, to restructure the fee schedule to comply with Utah Legislature HB0336 which modified the assessment of late fees for violations and will cause the City to be out of compliance as of July 1st, 2019. Second, a proposed increase to all the violation fees to generate an average increase of 25% to the annual revenue generated to cover expected Parking Enforcement operations for the next five budgeted years.
   
   A couple years ago, Parking Enforcement started the transition to become a stand alone function separate from Police and was officially under the oversight of the Customer Service Department in December of 2017. After a full year of analyzing the operations, including staffing, rebranding, equipment, establishing routes, etc.as well as identifying potential immediate and future needs for the enforcement effort, an operating costs vs. revenue analysis has been completed. An increase in the current operating budget and the budget for the next few years will be necessary.
   
   Provo's City's Civil Infraction or Parking Violation Code has not been modified for over 10 years, and the parking violation fee amounts longer than that. Since the City needs to restructure the fees to comply with the new law, and there is the data to propose and support an increase in fee amounts, it seems appropriate to satisfy both needs at this time. The proposed new fees are in line with surrounding cities and with BYU. The new structure allows for a discount as an incentive to pay on time rather than penalizing a late payer." Consistent, dependable, credible enforcement of parking regulations will do much to alleviate parking problems in Provo. I do want to make sure that we are complying with the spirit of the new state law, and not just the letter based on a technicality. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019. See my report for Item #12 in the evening meeting.
7. A discussion regarding the HOME Consortium Interlocal Agreement. (19-075)
   This is a renewal of the HOME Consortium agreement that brings several local government agencies together with Provo as the lead entity. The consortium manages federal funds from the HOME Program. As the seat of the county, it makes sense for Provo to be the lead entity of the consortium. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019. There were no surprises. The presentation followed the materials provided beforehand.
8. A presentation regarding the annexation process. (19-076)
   Annexation is a critical but sometimes complicated process. This presentation will outline and clarify the process and highlight the Council's role. We've seen an uptick in annexation requests, with one recently withdrawn and another on the meeting's agenda. We deal with these so infrequently that it will be good to review the process. Presentation only. There are two main steps for the council in the annexation process. The first question is early in the process and asks if we are even interested in considering the annexation. This is done by petition. If the petition is accepted then city staff research the proposed annexation and returns at the end of the process with a report and recommendation. That is when the council makes the final decision on the proposed annexation.
9. A discussion regarding the East Bay Annexation. (PLANEX20190140)
   It has been suggested that a parcel of land located at approximately 1860 South and Colorado Avenue be annexed into Provo City. The owners have submitted all of the necessary documentation. There are no conflicting water rights in the area. The plan for the area is to build a storage unit called East Bay Self Storage. Construction on the project is anticipated to be completed in April 2020. I believe this is in our existing annexation plan. So far, I haven't seen a reason to deny the petition. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019. This is a fairly straight-forward request and will be good for Provo.
10. A discussion regarding a resolution authorizing the Chief Executive Officer to enter into a lease agreement with Blue Sky Development to allow them to utilize parking spaces for a pending mixed-use project at 105 East Center Street. (19-070)
    Staff has been working with McKay Christensen on a proposed mixed-use development at the corner of Center Street and 100 East. The ground floor will be commercial and the remaining floors will be residential with a mix of studio, one- and two-bedroom apartments. Mr. Christensen intends to provide all the necessary parking for his project in a parking structure at the center of the complex. However, the cost to provide parking onsite for his commercial uses is proving to be cost prohibitive. Mr. Christensen is requesting he be allowed to utilize a portion of the 204 parking spaces allocated to the Redevelopment Agency in the Wells Fargo parking structure. The Redevelopment Agency previously approved 63 East using 40 of those spaces for the residents of 63 East. Our discussion two weeks ago highlighted several complications with this request. I support the project and feel that the Redevelopment Agency has a part to play in this, but there is no simple way to approve the request. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019. Parking is not well managed downtown. Provo's RDA has invested in parking projects, but others are managing the resources. I think that the city needs to rethink our approach to downtown parking. I fear that if we grant this request we'll be doubling down on the old, broken model, tying up these resources for a quarter-century for far, far below the value of the stalls. Also, the request for dedicated stalls is problematic and very inefficient.



Business

11. A discussion regarding an update to Provo City Code Title 10 making amendment to the Sewer and Water Chapters of the Title. (19-072)
    Changes to Title 10 - Water Resources Chapters 10.02 (Water Service - General Provisions), 10.03 (Sewer Service - General Provisions), and 10.04 (Pre-treatment Program). These changes update the code to create consistency with the development guidelines and comply with State and Federal regulations. We discussed this two weeks ago. The document for Chapter 10.04 is much easier to read, but it is still difficult to understand what exactly is changing. I have a couple questions, but based on our previous discussion, I assume I'll be ready to vote on this by the evening meeting. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019. My questions were answered and this is a good code-maintenance step.
12. A discussion of proposed amendments to Provo City Code 15.03.035 (Grading) to clarify and change requirements related to grading and grading permits. (19-002)
    "The Foothills Protection Committee has met for the last several months to discuss areas they can assist in the preservation and protection of the Provo City Foothills. This particular ordinance amendment stems from the discussion that Council had during the April 23, 2019, Work Meeting. This is the proposed legislation relating to the initial step that was discussed by the Committee to prevent grading issues in the future. The three things which are being discussed are:
    1. Require a Project Plan Proposal with each grading permit. Currently, Provo City Code Section § 15.03.035(2) (Grading) indicates that grading permits can be “obtained at the office of the Provo City Engineer after completion of an application for permit complying with any and all permit requirements.” There are 12 requirements from in PCC § 15.03.035(2) for developers to fulfill. However, if developers were required to provide a plan to fulfill these requirements at the project proposal stage, they will be less likely to abandon grading projects. The additional effort on the part of those seeking a grading permit and gives additional information to Engineering in order to help them as they review projects.
    2. Increase bonding requirements for grading permit projects. The grading permit requirements found in PCC § 15.03.035(4) currently require that:
       • the work is completed by a licensed qualified contractor,
       • payment of all required permit fees and bonds are received prior to commencement of any work, and
       • the project complies with any special conditions required by the City Engineer.
       The Foothills Protection Committee believes that the bonding requirements for grading permits should be increased. Any permit which requires cutting should be given special scrutiny to ensure that the projects are completed to the expected standards.
    3. Require a landscaping plan as part of the project proposal. If each project has a landscaping plan, this would show the City the contractor intends to beautify the project upon completion and leave the project in better condition than when they began. This would also provide the Engineering Division additional information on how the contractor intends to beautify the area upon completion of the project. The landscaping component of the project proposal would also likely result in an increase of the bonding requirement.
    " I support the work of this committee and look forward to their presentation. I like the sound of what they are proposing so that we can prevent the problems we saw a couple years ago near the mouth of Provo Canyon. Presentation only. Additional clarification is needed on whether or not these proposed amendments apply to grading occurring in conjunction with a building permit. After this point is resolved, this item will be brought back to the July 9, 2019 Work Meeting. There were a lot of questions raised that will need to be answered by the committee before we can move forward with this proposal. The main one was how would this affect residential development.



Policy Items Referred From the Planning Commission

13. A discussion about a Zone Change from Public Facilities (PF) to Low Density Residential and a General Plan Amendment from PF to Residential for 0.78 ac to allow 4 townhomes at 862 E Quail Valley Drive. Edgemont Neighborhood. (PLGPA20190009&PLRZ20180430)
    The subject property is an infill parcel located between the existing office building on Quail Valley Drive and the Timpview High School Seminary. The applicant is proposing to amend the General Plan Land Use Map designation for the property from Public Facilities (PF) to Residential (R) to allow for a six-unit, single-family townhome development project. Planning Commission recommended approval. I believe it is best to have a variety of housing types mixed in throughout our city. I still need to understand this particular proposal better, but in general, this appears to be an appropriate place to have four townhomes. It is between a seminary and an office building and would be accessed directly from a main road. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019. See my report for item #13 in the evening meeting.
14. A discussion regarding a request for ordinance text amendments to consolidate Chapter 14.30 S-Supplementary Residential Overlay Zone with Chapter 14.46 A-Accessory Apartment Overlay Zone. City-wide application. (PLOTA20190120)
    This item is an Ordinance Text Amendment to consolidate Chapter 14.30 S - Supplementary Residential Overlay Zone with Chapter 14.46 A - Accessory Apartment Overlay Zone, as well as adopt related amendments. This item was first heard at the April 24, 2019, Planning Commission meeting where it was continued to the May 22, 2019, meeting. The amendment was discussed in detail at the May 22, 2019, Planning Commission’s Study Session along with the comments submitted by Paul Evans, the Pleasant View Neighborhood Chair. The item was then continued at the May 22nd meeting, to allow time for staff to present the changes discussed at the study session. Staff has made changes to the proposed amendment based on comments at the May 22, 2019 study session. The new changes are of two kinds: The first includes formatting and grammatical changes. The second group includes changes that add wording meant to clarify the intent of particular sections. Planning Commission recommended approval. I support the concept of this proposal, but I don't think we are ready to implement it. This will impact areas that already have an A or S overlay applied, but I don't feel the residents of these areas have been properly notified of the proposed changes. I also feel that we need reliable enforcement to educate and deter people from misusing these new uses, and I do not yet have confidence that we are there. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019. See my report for item #15 in the evening meeting.
15. A discussion on a request for a zone change for approximately 2.12 acres of real property, from R1.10 to a Project Redevelopment Option Zone (PRO), generally located at 1320 S State Street. Spring Creek Neighborhood. (PLRZ20190100)
    The subject property is an infill parcel located between the existing Provo School District bus barn site to the south, State Street to the east, a Provo City Power substation to the west, and the previously approved Autumn View townhome project to the north. The site has been vacant for a number of years and is located in an area intended for medium density development according to the Southeast Provo neighborhood plan. The proposed rezone will allow a new multi-family housing project consisting of 64 two bedroom condominium units divided among four (4) four-story buildings with four (4) units per floor. Planning Commission recommended approval with conditions. There is a lot to like about this proposal. I believe it will be a solid step towards addressing the affordability problems with housing in Provo. If I have a gripe about the project, though, it would be in the layout of the buildings. I'm not a fan of stacking apartment buildings as if they were rows of filing cabinets. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019. See my report for item #16 in the evening meeting.



Closed Meeting

Closed meetings (aka executive meetings) are held without the public present and must meet one of the conditions listed in Utah State Code (§ 52-4-204 and 52-4-205 et. seq.). If a closed meeting is needed, it will be announced at that time. A closed meeting was held.



Adjournment

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, June 4, 2019

Opening Ceremony

Items in this category do not involve legislative action.



Presentations, Proclamations, and Awards

1. Presentation of Awards from the Utah County Child Abuse Prevention Team. (19-077)
   We live in a great community because of the many people who volunteer and work on behalf of others. Presentation only. Three groups were honored and their stories were truly inspiring.
2. Presentation by the Utah Geographic Information Council Conference Map Contest winner. (19-079)
   Stan McShinksy is a web developer for our GIS Team and creates amazing map-based art. Presentation only. Take a look at his work of art!
   

   Public Comment

   • This public comment period is intended to allow comment on matters that do not appear on the agenda. Each speaker will generally be limited to two minutes. Fifteen minutes has been set aside for this comment period.
   • For items on the agenda requiring a public hearing, time to comment will be provided, after the item is presented, for all those who wish to speak.
   • For items not requiring a public hearing, public comment will still be taken following presentation of the item, but will be limited to a ten minute total comment period.
   
   
   

   Action Agenda

3. A resolution authorizing the execution of an interlocal cooperation agreement to authorize Provo's participation in the UT Valley HOME Consortium in US Dept of Housing and Urban Development's HOME Investment Partnership Program (Fed FY20-22) (19-075)
   This was item 7 on the work meeting agenda. See my preview for item 7 in the earlier meeting. Approved 7:0. This is a good arrangement for all of the participating entities.
4. A public hearing and an ordinance adopting a budget for Provo City Corporation for the fiscal year beginning July 1, 2019 and ending June 30, 2020, in the amount of $254,958,760. (19-004)
   This is the final public hearing as part of the budget process as required by Section 10-6-111(3) of the Uniform Fiscal Procedures Act for Utah Cities. More information about the budget process can be found on our website. This should be the final step in passing the budget for next year. A substitute motion was made to revise the final total budget; correct references for consistency; amend the certified tax rates in lines 58 to 60; and amend the consolidated fee schedule to increase the airport parking fee to $6. The ordinance was subsequently approved 7:0. We first heard an item explaining the amount of utility fees that are transferred into the city's general fund. These transfers are important to the city and help keep property taxes down on our residents and businesses. More than half of the land in Provo is owned by non-taxable entities, but many of these entities use significant city services like police and roads. Utilities are paid by everyone, so this is one way that these non-profits can help contribute to the cost of the services they use. The trick is to run our utilities so efficiently that we can charge roughly the same as other nearby communities for our utilities, and still transfer money (roughly 11%) to the General Fund.



Stormwater Service District

5. A public hearing and a resolution adopting a budget for the Provo City Stormwater Service District in the amount of $5,123,278 for the fiscal year beginning July 1, 2019 and ending June 30, 2020. (19-006)
   This is the final public hearing required to establish the budget. This should be the final step in passing the budget for next year. A substitute motion was made to update the budget total and the resolution approved 7:0.



Redevelopment Agency of Provo

6. A public hearing and a resolution adopting a budget for the Redevelopment Agency of Provo City Corporation for the fiscal year beginning July 1, 2019 and ending June 30, 2019, in the amount of 2,429,132. (19-005)
   This is the final public hearing required to establish the budget. This should be the final step in passing the budget for next year. A substitute motion was made to update the budget total and the resolution was approved 7:0.
7. A resolution authorizing the Chief Executive Officer to enter into a lease agreement with Blue Sky Development to allow them to utilize parking spaces for a pending mixed-use project at 105 East Center Street. (19-070)
   This was item 10 on the work meeting agenda. See my preview for item 10 in the earlier meeting. A motion to call the question failed 2:5, with Councilors David Harding, David Knecht, David Sewell, George Handley, and Gary Winterton opposed. A substitute motion to continue the item to the July 9, 2019 Council Meeting was approved 7:0. If you haven't seen my report for item #10 in the earlier meeting. The council was unsettled regarding the request to lease the parking stalls for 24 years. We have not found a solution that works for the developer as well as for the public parking downtown.



Action Agenda

8. A resolution appropriating $139,530 from the General Fund in the Fire Dept. General Fund for the purchase of a temporary apparatus facility during the relocation of Fire Station 2 applying to the fiscal year ending June 30, 2019. (19-073)
   This is a resolution appropriating $139,530 from the General Fund for the purchase of a "membrane" structure for the housing of fire apparatus and other emergency vehicles during the demolition and reconstruction of Fire Station #2. The structure will then be relocated to fleet services for reserve apparatus storage and fleet maintenance purposes. We talked about this last week. This is how I reported that discussion, "1. The cost to rent is more than the cost to buy (though it is a different structure). 2. Since this is a purchase that will last longer than the immediate need during the building of the new fire station, project leaders were uncomfortable with using bond money for the purchase. 3. Because actual costs for the temporary staging site are higher by about the amount estimated for the structure rental, the whole amount of the structure purchase, set-up, and eventual move is being asked for as an appropriation." Approved 7:0. I've explained this item a few times. Talk a look at the "preview" to the left. The cost is more than anticipated, but we will be getting an asset that will be of value to our fleet managers for decades.
9. A resolution appropriating $60,000 from the General Fund in the Airport Fund for personnel and operating costs applying to fiscal year ending June 30, 2019. (19-078)
   This was item 3 on the work meeting agenda. See my preview for item 3 in the earlier meeting. A substitute motion to correct the resolution to state that the appropriation would come from the Airport Fund balance was approved, after which the resolution was approved 7:0. See my preview and report for item 3 in the earlier meeting.
10. A resolution accepting or denying an annexation petition for further consideration for approximately 2.55 acres of property generally located at 1860 South and Colorado Avenue. East Bay Neighborhood. (PLANEX20190140)
    This was item 9 on the work meeting agenda. See my preview for item 9 in the earlier meeting. A motion to accept the petition was approved 7:0. From my report in the earlier meeting: "This is a fairly straight-forward request and will be good for Provo."
11. An ordinance amending Provo City Code to correct and update Title 10 (Water Resources). (19-072)
    This was item 11 on the work meeting agenda. See my preview for item 11 in the earlier meeting. Approved 7:0. From my report earlier: "This is a good code-maintenance step"
12. An ordinance amending Provo City Code Chapter 9.17 Civil Infractions (Parking Violations). (19-023)
    This was item 6 on the work meeting agenda. See my preview for item 6 in the earlier meeting. Approved 5:2, with Councilors David Sewell and George Handley opposed. Our parking fines are far less than neighboring entities. Right now we have a very low initial fine, but it escalates as time goes on. This ordinance raises the fees to be comparable with others, but offers a discount for people who pay early to help motivate people to pay their fines quickly.
13. An ordinance amending General Plan regarding a designation change from Public Facilities (PF) to Residential (R) for approximately 0.78 acres located at approximately at 862 East Quail Valley Drive. Edgemont Neighborhood. (PLGPA20190009)
    This was item 13 on the work meeting agenda. See my preview for item 13 in the earlier meeting. Continued to July 9, 2019 Council Meeting. The applicant has tried to address concerns raised by concerned neighbors, but missed the mark on a few of his efforts. There was conflicting information about whether the School District is interested in the property. We continued the item for three weeks to see if the neighborhood and applicant could continue to negotiate and the get more clarity on a few questions.
14. An ordinance amending the Zone Map classification of approximately 0.78 acres of real property, generally located at 862 East Quail Valley Drive, from Public Facilities (PF) Low Density Residential (LDR). Edgemont Neighborhood. (PLRZ20180430)
    This was item 13 on the work meeting agenda. See my preview for item 13 in the earlier meeting. Continued to July 9, 2019 Council Meeting. same as above
15. An ordinance to amend Provo City Code to consolidate Chapter 14.30 (S-Supplementary Residential Overlay Zone) with Chapter 14.46 (A-Supplementary Residential Overlay Zone) and adopt related amendments. City-wide application. (PLOTA20190120)
    This was item 14 on the work meeting agenda. See my preview for item 14 in the earlier meeting. Continued to a future meeting. Overall this is a good proposal, but we need to implement it wisely and with plenty of notice to neighbors who will be affected by it. We will likely bring pieces of it forward and implement it in a piecemeal fashion.
16. An ordinance amending the Zone Map classification of approximately 2.1 acres generally located at 1320 S State St, from Residential (R1.10) to a new Entry Level Housing (ELH) Project Redevelopment Zone. Spring Creek Neighborhood. (PLRZ20190100)
    This was item 15 on the work meeting agenda. See my preview for item 15 in the earlier meeting. Approved 7:0. One councilor asked the applicants when they are planning for their next project in Provo. There is a lot to like in their proposal. It is a good step towards housing that is more affordable to beginning homeowners. This will be a condo project.
17. ***CONTINUED*** The Community Development Department requests approval of the 2019 Moderate Income Housing Plan, which is an update to the existing plan. City-wide application. PLGPA20190194
    This item was not ready to be heard
18. ***WITHDRAWN*** Julie Smith requests the annexation (Peay Annexation) of 13.45 acres of property into the incorporated limits of Provo City, located at approximately 5400 N Canyon Road. North Timpview and Riverbottoms Neighborhoods. PLANEX20180355
    This item was withdrawn by the applicant.



Adjournment

Council Meetings - 4 June 2019

This will be the first public hearing on our $280M budget. We will be making some decisions about Downtown parking. But the item that will likely generate the most public feedback will be the offer to buy Timp Kiwanis Bounous Park.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

2:00 PM, Tuesday, June 4, 2019

Work Meetings are designed to be a less formal venue for discussion among Council Members. Generally, no public input is taken during the meeting.

1. A discussion regarding a resolution authorizing the Chief Executive Officer to enter into a lease agreement with Blue Sky Development to allow them to utilize parking spaces for a pending mixed-use project at 105 East Center Street. (19-070)
   Blue Sky Development is planning a mixed use development at the corner of Center Street and 100 East. They will park their residential tenants but need assistance parking their commercial tenants and are requesting the use of some of the Agency's spaces in the Wells Fargo tower. Provo's RDA (Redevelopment Agency) helped pay for the parking structure next to the Wells Fargo building. We own some of the parking stalls there. This was done to help make the Wells Fargo project happen, as well as to give us the ability to use that parking in the future to help make future projects happen. Well, the future is now. The Blue Sky project is both a residential as well as a commercial project, similar to what we've been asking for in our Downtown. The project will have parking on site for the residential component, but wants to rent some of our spaces in the Wells Fargo garage for their commercial customers.
   
   I do have some questions about how this will work and be managed. This item was already scheduled for the Council Meeting on June 4, 2019, however a motion to continue the item was approved 7:0. Right now the parking in the garage is not managed. For the most part, it is open and free to the public. When asked, the presenter explained that the plan for the foreseeable future is for the parking stalls to continue to be unmanaged. There isn't really a good way to ensure that the stalls are being used by patrons to the businesses and restaurants who would be leasing the spaces. I, as well as other councilors, have concerns about entering into long term leases of these spots. I support the Blue Sky project, but I'm not sure this is the best way to provide parking for the project.



Business

2. A discussion regarding an update to Provo City Code Title 10 making amendment to the Sewer and Water Chapters of the Title. (19-072)
   Changes to Title 10 - Water Resources Chapters 10.02 (Water Service - General Provisions), 10.03 (Sewer Service - General Provisions), and 10.04 (Pre-treatment Program). These changes update the code to create consistency with the development guidelines and comply with State and Federal regulations. This is mostly a code clean up and streamlining by referring to applicable State and Federal regulations. The changes to the section on sewer treatment are fairly extensive, so it is harder to follow what is actually being changed. Presentation only. This item will be heard at a future Council Meeting. We gave it a preliminary thumbs-up. It'll be brought back to a future Council Meeting. Hopefully, the third document will be formatted in a way that it is more understandable.
3. A discussion regarding the repeal of Provo City Code Section 2.60.040 (19-071)
   This section of the code reflects historic procedures in the Council office that predated the current use of technology to facilitate publication of meeting materials. This was a good catch by our staff. Departments don't need to submit a paper copy of proposed ordinances to me. Presentation only. This item was already scheduled for the Council Meeting on June 4, 2019. There were no concerns with this proposal.
4. A discussion regarding an appropriation for a temporary apparatus facility during the relocation of Fire Station #2 (19-073)
   When the new Fire Station is being built the Fire Department is going to be temporarily relocated during that time. They have a location they'll be leasing for living quarters for the firefighters and intended to lease the location for the fire apparatus. However, when they ran the numbers, they found the cost for leasing the apparatus during this time to be near what it would cost to purchase outright. They believe they can re-use this temporary facility for apparatus storage and move it to the Public Works Fleet Management and re-assemble for apparatus storage. My understanding is this is for the structure used to shelter the fire truck when not in use. The cost to rent is not much less than the cost to buy and if we own the structure then we will be able to use it in the future. Presentation only. This item will be scheduled for the Council Meeting onJune 18, 2019. 1. The cost to rent is more than the cost to buy (though it is a different structure). 2. Since this is a purchase that will last longer than the immediate need during the building of the new fire station, project leaders were uncomfortable with using bond money for the purchase. 3. Because actual costs for the temporary staging site are higher by about the amount estimated for the structure rental, the whole amount of the structure purchase, set-up, and eventual move is being asked for as an appropriation.



Budget Committee

5. A discussion regarding Fire Department budget requests. (19-004)
   The Fire Department requested two appropriations. First, they requested a capital equipment replacement fund creation. This would be similar to the Recreation Center where they put money into a fund so they can replace equipment as needed. And second they requested a civilian Dispatch Director, someone who could manage the Dispatch office and wouldn't require Civil Service entry. They were granted funding for the civilian Dispatch Director, but not the replacement fund. The Chief will come and explain each of these requests in more detail and spend time answering questions for the Council. This is the last in the series of discussions with departments regarding their budget requests and what actually made it into the budget. Presentation only. The new Dispatch Director frees up a sworn police officer who can help with our police staffing needs. I support the use of the replacement fund, though we will not be able to fully fund this year's contribution. Use of these kind of funds make our budget more sustainable and predictable. We are paying for what we are using, rather than expecting future tax-payers to bond for replacements.
6. A discussion regarding the Provo City Citizens' Budget. (19-004)
   Council staff have prepared a user-friendly document that highlights and compares items from the proposed FY2020 Provo City budget. This summary is very helpful to anyone looking for a (relatively) quick overview of the current budget and financial health of the city. Presentation only. I don't know how much longer this stretch of sustained economic growth will last, but we've been blessed with prosperity. I feel that we've been making some difficult decisions now that will put the city on a solid foundation to face times that aren't as prosperous.



Policy Items Referred from the Planning Commission

7. The Provo City Community Development Department requests an amendment to Section 14.38.085(7) to clarify limitations on signage within the North University Riverbottoms Design Corridor. City-wide application. PLOTA20190026
   Provo City Community Development is requesting an ordinance amendment to subsection 14.38.085(7), to clarify prohibited signs in the North University Riverbottoms Design Corridor. Section 14.38.085 was enacted in 1996 to provide consistent design through this part of that City, and minor adjustments have been made over the years. Due to recent concerns about what types of signs are allowed, staff has brought forward this proposal to clean up language and clarify what signage is prohibited. The proposed language explicitly prohibits any signs that are not otherwise authorized by subsection one, which clarifies the restriction for property owners and residents in the area. This ordinance would fix some ambiguity that might be argued to create a loophole in the sign ordinance. Presentation only. This item was already scheduled for the Council Meeting on June 4, 2019. See the report for item #11 in the evening meeting.



Closed Meeting

Closed meetings (aka executive meetings) are held without the public present and must meet one of the conditions listed in Utah State Code (§ 52-4-204 and 52-4-205 et. seq.). If a closed meeting is needed, it will be announced at that time. A closed meeting was held.



Adjournment

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, June 4, 2019

Opening Ceremony

Items in this category do not involve legislative action.



Presentations, Proclamations, and Awards

1. Judge Romney receives Utah State Justice Court Judge of the Year Award
   Judge Romney has served the city well for a dozen years in this capacity. It is great to see his exemplary service recognized by his peers. Presentation only.
2. Introduction of the new Wasatch Neighborhood Chair, David Acheson
   I'm grateful to neighborhood chairs from across the city who give so much for the betterment of our community. Presentation only.
   

   Approval of Minutes

3. April 23, 2019 Council Meeting
   Approved by unanimous consent.
   

   Public Comment

   • This public comment period is intended to allow comment on matters that do not appear on the agenda. Each speaker will generally be limited to two minutes. Fifteen minutes has been set aside for this comment period.
   • For items on the agenda requiring a public hearing, time to comment will be provided, after the item is presented, for all those who wish to speak.
   • For items not requiring a public hearing, public comment will still be taken following presentation of the item, but will be limited to a ten minute total comment period.
   
   
   

   Action Agenda

4. A public hearing regarding a resolution approving the Program Year 2019 Annual Action Plan, Fifth Year update to the 2015 Five-Year Consolidated Plan, as amended. (19-059)
   The CDBG and HOME Programs provide the City of Provo and other local governments with the opportunity to develop viable urban communities by funding activities that provide decent housing, a suitable living environment and by expanding economic opportunities, principally for low- and moderate-income persons. Funds are awarded to carry out a wide range of community development activities directed towards neighborhood revitalization, homeownership and condition of housing stock. The Programs are administered by the Community Planning and Development Office of the U.S. Department of Housing and Urban Development (HUD). Every year, as Lead Entity for the Utah Valley HOME Consortium, Provo City submits an Annual Action Plan (an update to the Five-Year Consolidated Plan submitted to HUD) outlining the goals, objectives and the proposed use of federal CDBG and HOME resources to address housing, economic development, and community development projects to be undertaken. This is the second of two required public hearings. We are implementing a new procedure that allows for better coordination between local funding governments in the valley that will reduce the amount of paperwork and regulations that our local charities have to manage. When the plan was first presented a month ago, there were a couple of oddities that the new procedure had produced. It appears that those oddities were fixed. Approved 7:0. The oddities were still there. Between the three agencies, a couple of items were funded above the requested amount, even while other really important programs didn't get the funding they sought. We were assured that all of the money we were directing would be used for the residents of Provo. If we had reduced the contribution amount to those programs, it would mean that fewer people from Provo could be helped.
5. A public hearing on an ordinance adopting a budget for Provo City Corporation for the fiscal year beginning July 1, 2019 and ending June 30, 2020, in the amount of $254,958,760, and amending elements of Provo City Code. (19-004)
   This is the first of two public hearings as part of the budget process as required by Section 10-6-111(3) of the Uniform Fiscal Procedures Act for Utah Cities. More information about the budget process can be found on our website. There will be one more public hearing on the budget at the June 18th council meeting, when we will consider adopting the budget. I highly recommending anyone interested in our budget to read the "Citizen's Budget" summary prepared by the Council Office. Public hearing only; no final action taken. We intend to adopt the budget at our next meeting.



Redevelopment Agency of Provo

6. A public hearing on a resolution adopting a budget for the Redevelopment Agency of Provo City Corporation for the fiscal year beginning July 1, 2019 and ending June 30, 2019, in the amount of 2,429,132. (19-005)
   This is the first of two public hearings required to establish the budget. The next public hearing is scheduled to take place at the Council Meeting on June 18, 2019. Same as the city budget, but for our Redevelopment Agency. Public hearing only; no final action taken. We intend to adopt the budget at our next meeting.
7. A resolution authorizing the Chief Executive Officer to enter into a lease agreement with Blue Sky Development to allow them to utilize parking spaces for a pending mixed-use project at 105 East Center Street. (19-070)
   This was item 1 on the work meeting agenda. See my preview for item 1 on the work meeting agenda. This item was continued during the Work Meeting on June 4, 2019.
8. A public hearing on a resolution adopting a budget for the Provo City Stormwater Service District in the amount of $5,123,278 for the fiscal year beginning July 1, 2019 and ending June 30, 2020. (19-006)
   This is the first of two public hearings required to establish the budget. The next public hearing is scheduled to take place at the Council Meeting on June 18, 2019. Same as the city budget, but for our Stormwater Service District. Public hearing only; no final action taken. We intend to adopt the budget at our next meeting.



Action Agenda




Stormwater Service District

9. A resolution authorizing the Mayor to execute the sale of the Timp-Kiwanis Park to the Provo School District. (18-018)
   Provo School District needs to expand the Timpview High School campus and has submitted a contract for the purchase of the Timp Kiwanis Bounous Park (TKP) property adjacent to the high school. TKP is on the surplus property list. If approved, the sale is contingent upon approval of the Land and Water Conservation Fund (LWCF) conversion proposal of TKP from the National Park Service (NPS). If approved for sale and upon approval from the NPS, the proceeds are required, per LWCF requirements, to be used for the purchase of 60 acres of property in Southwest Provo. We have received the LWCF conversion approval. There have been so many steps in this process that required council action. I believe that we are finally getting to the end of the process. Now is the time to execute all that we've been talking about for so long. I am looking for an outcome that helps the school district and keeps a comparable level of park amenities for the residents in this area of our city. A motion to substitute the implied motion with a version of the resolution including a contingency provision was approved, after which the item was approved 5:2, with David Sewell and George Handley opposed. This was the blockbuster item of the day. We have discussed this in public meetings for years. There is a new park that will be developed just three blocks north of this plot. This deal resolves several difficulties for both the school district and the city. The only hang up was that the school district had said many things about how the property would be used and would be available to the public in the future, but hadn't put those words in writing and it wasn't clear if they were taking those words back.
   
   The contingency provision was that the district had to put their intent regarding no major structures and public access in writing. They did this and the deal has now been executed.
10. A resolution appropriating $2,200,000 in the Parks and Recreation Capital Improvement Plan Fund for the purchase of property located on Lakeview Parkway, applying to fiscal year ending June 30, 2019. (19-069)
    The Parks and Recreation Department is intending to purchase a parcel of land located on the west side of Provo just off the Lakeview Parkway and they are intending to use this parcel for open space, regional fields, and in ways they believe will benefit the economic development of the west side of Provo. This discussion was started when the City discovered they were non-compliant with a parcel of property that was purchase with Land and Water Conservation Funds (LWCF). The property had fallen out of compliance due to the requirements of Timpview High relative to the parcel. The LWCF rules indicate that parcels purchase with this money cannot limit access to the community. Since Timpview High was regularly limiting the use by using a portion of the property for sports practices and limiting participation from the community on a regular basis, the decision was made to sell the Timp-Kiwanis Park property to the Provo School District. The LWCF further has restrictions on where that money can be spent. In order to comply with LWCF regulations the decision was made to take that money and put it into this parcel to use for the purposes stated. The appropriation will be funded by the transfer from the General Fund and then repaid from the revenues from the sale of Timp-Kiwanis Park. This project will benefit the whole of Provo, especially our youth and the sports programs geared toward them who do not have enough fields to play on. Approved 7:0. Provo will be able to provide enough fields for our children and adults to play sports on, and will be able to host regional tournaments.
11. An ordinance to amend Provo City Code to clarify limitations on signage within the North UniversityRiverbottoms Design Corridor. City wide Application. (PLOTA20190026)
    This was item 7 on the work meeting agenda. See my preview for item 7 on the work meeting agenda. Approved 7:0. I'm glad that ambiguity is addressed.
12. An ordinance repealing Provo City Code Section 2.60.040 (19-071)
    This was item 3 on the work meeting agenda. See my preview for item 3 on the work meeting agenda. Approved 7:0. It's important to always be maintaining our code. Clean, understandable code is part of transparency.
13. ***CONTINUED*** Brady Deucher requests a Zone Change from R1.10 to Medium Density Residential for approximately 2.1 acres located at 1320 S State Street. Spring Creek neighborhood. PLRZ20190100
    This item was not ready to be heard.
14. ***CONTINUED*** Brady Deucher requests an Ordinance Text Amendment to Section 14.37.050 to allow the city to consider parking reductions for affordable housing developments. City-wide application. PLOTA20190170
    This item was not ready to be heard.
15. ***CONTINUED*** Community Development Department requests Ordinance Text Amendments to consolidate Chapter 14.30 S-Supplementary Residential Overlay Zone with Chapter 14.46 A-Accessory Apartment Overlay Zone. City-wide application. PLOTA20190120
    This item was not ready to be heard.
16. ***CONTINUED*** Julie Smith requests the annexation (Peay Annexation) of 13.45 acres of property into the incorporated limits of Provo City, located at approximately 5400 N Canyon Road. North Timpview and Riverbottoms neighborhoods. PLANEX20180355
    This item was not ready to be heard.



Adjournment